No Picture
News Briefs

US Supreme Court urged to protect KY religious schools from shutdown

December 7, 2020 CNA Daily News 1

CNA Staff, Dec 7, 2020 / 04:37 pm (CNA).- An order shuttering in-person education until Jan. 4 in Kentucky amid rising COVID-19 cases amounts to religious discrimination, the US Supreme Court has been told in amici curiae briefs.

Kentucky Gov. Andy Beshear (D) temporarily halted in-person learning in the state by executive order.

The order, which applies to both public and private schools, allows for elementary schools in “red” zones (counties with 25 or more new coronavirus cases a day) to reopen as long as they are following state public health guidance.

Danville Christian Academy sued over the order.

A federal district judge had ruled Nov. 25 that Beshear’s order could not apply to private religious schools because it infringed on their First Amendment rights. On Nov. 29, a federal appeals court overturned that decision, upholding Beshear’s original order.

Danville Christian Academy has asked the US Supreme Court to temporarily suspend the executive order, while its appeal is pending.

Several groups have submitted amici curiae briefs in the case in support of Danville Christian Academy.

Thirty-eight Republican Senators – including Senate Majority Leader Mitch McConnell and Sen. Rand Paul, both of Kentucky – filed one such brief Dec. 4.

“COVID-19 is undoubtedly a serious health threat, but the Constitution applies even in difficult times. This Court should again remind Governors across the Country that shutdown orders cannot trample Constitutional rights,” the Senators stated in their amicus brief.

The state’s attorney general and treasurer have also indicated their support for Danville Christian Academy.

The Becket Fund for Religious Liberty submitted an amicus curiae brief, arguing not only “That movie theaters and horse tracks are open for business, but religious schools cannot open, is reason enough to vacate the Sixth Circuit’s stay,” but also that Beshear’s executive order is subject to strict scrutiny because it interferes “with the right of parents under the Free Exercise Clause to direct ‘the religious upbringing and education of their children’”.

Alliance Defending Freedom’s senior counsel, John Bursch, and other ADF attorneys filed an amicus curiae brief on behalf of 17 Christian schools in Kentucky.

“The Kentucky governor’s order allows movie theaters, indoor event venues, gyms, childcare centers, and professional offices to operate, but private Christian schools cannot, even when they comply with all recommended public health and safety guidelines. That’s why we are asking (the) high court to put a stop to the governor’s unconstitutional edict,” Bursch said Dec. 4.

“Government discriminatory treatment of religion must end. Now,” the ADF brief in Danville Christian Academy v. Beshear states.

“In the nine months since the COVID-19 pandemic began, state executives have consistently imposed more severe burdens on religious conduct than comparable secular activities. They do so without any showing that religious activities present a greater COVID-19 risk than their secular comparators,” ADF added.

“Instead, governments have consistently favored commerce over religion and—often with a judicial seal of approval—have cloaked their disparate treatment of religious worship and education in terms like ‘emergency police powers’ and ‘substantial discretion.’”

Religious schools and churches have also submitted briefs in support of Danville Christian Academy, while a group of church-state scholars wrote one in defense of Beshear.

Beshear defended his order, citing health risks and the order’s equal treatment of public and private schools. “Kentucky is in the midst of a deadly third wave of the coronavirus. We have taken the necessary actions to slow the growth in cases and save the lives of our fellow Kentuckians,” Beshear said in a Dec. 4 statement, reported by the Courier Journal.

“In the most recent executive order regarding schools, every school is treated equally and each is asked to do its part over a limited period of time to slow the spread of the virus. The effectiveness of these actions requires everyone to take part, and anyone or any entity that tries to be the exception lessens the effectiveness of the steps,” he added.

Bursch pointed to the U.S. Supreme Court’s decision in late November, which ruled that New York Gov. Andrew Cuomo’s restrictions on religious services during the coronavirus pandemic were a violation of the First Amendment’s protection of free religious exercise.

“As the U.S. Supreme Court said in its recent order halting Gov. Andrew Cuomo’s executive order in New York, ‘even in a pandemic,’ the First Amendment is not ‘put away and forgotten,” Bursch stated.

The federal appeals court which ruled to uphold Beshear’s order said that the case was “distinguishable” from Cuomo’s order, since the Kentucky order applied to both religious and public schools, the Courier Journal reported. 

The case also comes shortly after the four bishops of Kentucky announced in late November that they will continue holding in-person Masses, despite Beshear’s order for all places of worship to halt in-person services until Dec. 13.

Schools throughout the United States have grappled with what to do about in-person learning after the coronavirus pandemic caused nationwide shutdowns last March. Though the country saw a dip in coronavirus cases over the summer, recent surges this fall, shortly after classes resumed, have caused some schools to close again, and some states to reinstate lockdowns or stay-at-home orders.

Catholic schools have worked to put extensive health and safety regulations in place, including mandatory masking and social distancing, and virtual options for families who choose to keep their children at home. Some Catholic school leaders and bishops have argued that children have a right to in-person learning, which can help to ensure the quality of their education and to prevent their social isolation.

Some Catholic schools, such as those in Baltimore, have seen spikes in enrollment this fall because they are offering in-person learning more consistently than area public schools.


[…]

No Picture
News Briefs

Bishop Daly: Catholic schools should embrace faith, never compromise

November 18, 2020 CNA Daily News 1

Denver Newsroom, Nov 18, 2020 / 03:07 am (CNA).- The U.S. bishops’ new chairman for Catholic education says he hopes to bring his experience as a Catholic school teacher and president, as well as pastor of two parishes, into his new position.

In an increasingly secular society, when people’s lives seem more and more to lack meaning, “our schools remind us of Christ’s love…a dignity of the human person that is beyond the mindset of the present moment, or the latest educational trend,” Bishop Thomas Daly of Spokane, Washington told CNA Nov. 17.

Daly’s fellow bishops on Nov. 16 elected him to serve as Chairman of the Committee on Catholic Education for the U.S. bishops’ conference, which provides guidance for the educational mission of the Church to Catholic elementary and secondary schools, Catholic colleges and universities, and college campus ministry.

The bishops’ conference has 18 standing committees that each focus on a specific topic related to the bishops’ mission. Each committee is made up of both bishops and lay consultants, with one bishop serving as chairman.

Daly worked in Catholic schools for 19 years before his appointment as bishop, including serving for a time as a teacher and later as president at Marin Catholic High School near San Francisco. He succeeds Bishop Michael Barber, SJ of Oakland as chairman.

The “first mission” of any Catholic school should be the salvation of souls, he noted, but too often Catholic schools focus almost exclusively on academics, to the detriment of their Catholic mission.

A Catholic school ought to be academically excellent, while always keeping in mind why Catholic schools exist— to strengthen the faith foundation, he said.

Instead of being merely a private prep school with “a little bit of religious flavoring,” a Catholic school should encourage and guide its students to “seek the Lord with a sincere heart,” Daly said.

“We don’t need more ‘private schools.’ We need schools that are Catholic, that teach and proclaim the Gospel with the realization of academic rigor,” he said.

The USCCB’s Catholic education committee exists to support Catholic schools in their mission, Daly said, and one of the ways this is done is by supporting the priest who serves the school. This may involve training or inspiration for the priest to help him better shepherd the school, he said, and to motivate the parish community to support the school.

One of the most important factors in a school’s character is the academic leadership, which for elementary schools is most often the principal, he said.

Daly said he saw the school he previously worked for turn from a more secular attitude to a direction of faithfulness thanks in large part to its principal, who “never forgot the example of his education growing up as a Catholic.”

The principal was at once a very good administrator, and also a humble man of faith, Daly noted. Thanks to his strong leadership, that school is now producing religious vocations, which Daly said is a strong indicator of a Catholic school fulfilling its mission.

One of the biggest current challenges to Catholic schools, to no one’s surprise, is the fallout from COVID-19 and ongoing lockdowns, Daly said.

At least 140 Catholic schools— mostly elementary schools— have closed in the U.S. since the start of the pandemic, he said, and elementary schools remain the most vulnerable to closure.

“I think we have to re-examine why we have our schools, and why they’re so important to families,” he said.

Making Catholic schools accessible for students with disabilities is also a priority, he said, and he hopes his committee will be able to assist and encourage schools to expand their special education programs.

Daly said historically, Catholic schools arose in the United States during a time when many public schools were de facto Protestant, and often presented a somewhat hostile environment to Catholic families.

“The need for Catholic education today is as important as it has been since the 1800s, when the Church and our mission were [often] attacked,” he said.

Part of the reason for this, Daly said, is that laws in many states make public school curricula nonconducive to an education in Catholic values.

For example, during the Nov. 2020 election, voters in Washington state approved a ballot measure that will require “comprehensive sex education” in public schools, which Daly noted “undermines core beliefs of our faith” by failing to address complex moral issues tied to human sexuality, and failing to discuss sex in the context of marriage.

He said serving as a priest and educator in San Francisco— today a very secular and liberal city overall— allowed him to observe indifference and later hostility to the Church’s message firsthand.

Daly said within Catholic education, there ought not be a dichotomy between “social justice” and “piety.” He pointed to the life of St. Teresa of Calcutta as an example of strong faith and morals manifesting in a life of service.

Catholic schools ought to be places of learning, he said, which involves allowing students to encounter differing viewpoints and ideas. Catholic schools should respect students’ freedom, not forcing them to accept the faith, but also not compromising on the Church’s beliefs.

While realizing that not every student who enters a school or university is or will be Catholic, there ought to be at least an exposure to Catholic theology, morals, and intellectual tradition at the university, he said.

Today, many students graduate from Catholic universities having never taken a Catholic theology class. Some Catholic universities may do this because they fear that students of other faiths will be less likely to attend, or because a more Catholic curriculum may be viewed as “narrow-minded.”

“Too many institutions of higher learning and Catholic education have compromised their mission, and that to me is not going to be effective,” Daly commented.

“Education with humility leads to wisdom; without humility, it leads to arrogance.”

During February 2020, Gonzaga University, a Jesuit school located in the Spokane diocese, announced the creation of a law clinic focused primarily on LGBT advocacy.

“While the Catholic tradition does uphold the dignity of every human being, the LGBT Rights law clinic’s scope of practice could bring the GU Law School into conflict with the religious freedom of Christian individuals and organizations,” Daly told CNA at the time.

“There is also a concern that Gonzaga Law School will be actively promoting, in the legal arena and on campus, values that are contrary to the Catholic faith and natural law.”

Daly said he wrote to the university president in February, requesting that the president speak to him about the clinic, but never received a reply— likely because the situation unfolded right before the start of the coronavirus pandemic.


[…]